Reversal by Department of Justice, Obama policy banned discrimination against transgender

Friday, October 6, 2017
transgender workplace
Another contradiction between the Trump and Obama administrations over civil rights

FRESNO, Calif. (KFSN) -- Another contradiction between the Trump and Obama Administrations over civil rights--this time the policy reversal surrounds employment discrimination.

Attorney General Jeff Sessions says under the law -- protection does not extend to transgender people.

The memo, already enraging advocates.

"Already our community faces a lot of discrimination, and this only makes it worse," said Zoyer Zyndel.

Title seven of the civil rights act forbids employers from discriminating based on sex, there is debate over what sex means.

Sessions say it refers to men and women but does not extend to gender identity. Former Judge Oliver Wanger says there is no clear interpretation.

"The courts, haven't had what would be a definitive decision saying whether LGBT rights are covered," Wanger.

Transgender advocates believe the reversal is just the latest in a series of trump administration actions against their constituency.

"We're going to see increased level of unemployment, which will increase the number of people in poverty. Our community is already affected by these disparities," said Zyndel.

Session said the move is not meant to condone the mistreatment of transgender people and the justice department is strictly following the law.

"He's saying we are the Justice Department, we are the executive, it's up to the legislature to define in the statue what rights are protected," said Wanger.

If Congress doesn't make a determination, it is likely the Supreme Court eventually will.